NOTICE OF COURT PROCEEDING TO COLLECT DEBT
Date of Mailing or Service by the Court: _________________________________________________
TO: ____________________________________________
____________________________________________________________________________
(Name of Judgment Debtor)
(Last Known Address of Judgment Debtor)
You owe the undersigned _____________________________________________________ the sum of $ ______________________, including interest
Name of Judgment Creditor)
(Amount of Judgment)
and court costs, for which a judgment in Case No. ______CV____________ was obtained against you or certified in the Franklin County Municipal Court
on ________________________, _______, payment of which is hereby demanded.
(Judgment Entry Date)
If you do not do one of the four things listed below within fifteen (15) days of the date of the mailing of this notice or of its service by the Court, we will
go to Court, unless we are otherwise precluded by law from doing so, and ask that your employer be ordered to withhold money from your earnings
until the judgment is paid in full or, if applicable, is paid to a certain extent and to pay the withheld money to the court in satisfaction of your
debt. This is called garnishment of personal earnings. It is to your advantage to avoid garnishment of personal earnings because the extra burden on
your employer possibly could cause you to lose your job.
YOU CAN AVOID THE GARNISHMENT BY DOING ONE OF THESE FOUR THINGS WITHIN THE FIFTEEN-DAY PERIOD:
(1)
Pay to us the amount due;
(2)
Complete the attached form entitled “Payment To Avoid Garnishment” and return it to us with the payment, if any, shown due on it; or
(3)
Apply to your local municipal or county court or, if you are not a resident of Ohio, to the municipal or county court in whose jurisdiction your
place of employment is located, for the appointment of a trustee to receive the part of your earnings that is not exempt from garnishment, and notify us
that you have applied for the appointment of a trustee. You will be required to list your creditors, the amounts of their claims, and the amounts due on
their claims, and the amount you then will pay to your trustee each payday will be divided among them until the debts are paid off. This can be to your
advantage because in the meantime none of those creditors can garnish your wages.
(4)
You also may contact a budget and debt counseling service described in division (D) of Section 2716.03 of the Ohio Revised Code for the
purpose of entering into an agreement for debt scheduling. There may not be enough time to set up such an agreement in order to avoid a garnishment
of your wages based upon this demand for payment, but entering into such an agreement might protect you from future garnishments of your wages.
Under an agreement for debt scheduling, you will have to regularly pay a portion of your income to the service until the debts subject to the agreement
are paid off. This portion of your income will be paid by the service to your creditors who are owed debts subject to the agreement. This can be to your
advantage because these creditors cannot garnish your wages while you make your payments to the service on time.
___________________________________________________________________
X__________________________________________________________________
(Name of Judgment Creditor or Attorney)
(Signature of Judgment Creditor or Attorney)
________________________________________________________________________________________________________________________________________________
(Address of Judgment Creditor)
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PAYMENT TO AVOID GARNISHMENT
To:____________________________________________
____________________________________________________________________________
(Name of Judgment Creditor)
(Address of Judgment Creditor)
To avoid the garnishment of personal earnings of which you have given me notice, I enclose $ _____________________________________________________
to apply toward my indebtedness to you. The amount of the payment was computed as follows:
1. Total amount of indebtedness demanded:
(1) $__________________________
2. Enter the amount of your personal earnings after deductions required by law, earned by you during
the current pay period (that is, the pay period in which this demand is received by you):
(2) $__________________________
3. (A) Enter your present pay period (weekly, bi-weekly, semi-monthly, monthly):
(3) (A) $__________________________
(B) Enter the date when your pay period ends:
(3) (B) $__________________________
4. Enter an amount equal to 25% of the amount on line 2:
(4) $__________________________
5. (A) The current federal minimum hourly wage is $ 7.25. (You should use the above figure to complete this portion of the form.) If you are paid weekly,
enter thirty (30) times the current federal minimum hourly wage; if paid bi-weekly, enter sixty (60) times the current federal minimum hourly wage; if paid semimonthly, enter sixty-five (65) times the current federal minimum hourly wage; if paid monthly, enter one hundred thirty (130) times the current federal minimum
hourly wage:
(5A) $__________________________
(B) Enter the amount by which the amount on line 2 exceeds the amount on line 5A:
(5B) $__________________________
6. Enter the smallest of the amounts on lines 1, 4, or 5(B). Send this amount to the judgment creditor
along with this form after you have signed it:
(6)
$__________________________
I certify that the statements contained above are true to the best of my knowledge and belief.
______________________________________________________________
(Print Name and Residence Address of Judgment Debtor)
X________________________________________________________
(Signature of Judgment Debtor)
_________________________________________________________________________________________________________________________________
(To verify that the amount shown on line (2) is a true statement of your earnings, you must either have your employer certify below that the amount shown on line
(2) is a true statement of your earnings or you may submit copies of your pay stubs for the two pay periods immediately prior to your receiving this notice.)
I certify that the amount shown on line (2) is a true statement of the judgment debtor’s earnings.
________________________________________________________________________________
(Print name of Employer)
_________________________________________________________________________________
(Signature of Employer of Agent)
I certify that I have attached copies of my pay stubs for the two pay periods immediately prior to my receiving this notice.
________________________________________________________________________________
(Signature of Judgment Debtor)
Rev. 92908 15 day demand updated Jan 2009
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